Archive for the ‘Breathalyzer Miscalibrated’ Category

The New Breathalyzer Target: Women

Thursday, September 29th, 2011

One unfortunate fact about the breathalyzer test for women is that it does not read a woman’s results the same way it will read a man’s; and here’s why: women have less of a certain stomach acid that metabolizes alcohol, and men have more of it. What does this mean? It means that if a man has been drinking alcohol, the stomach acid that he has will metabolize the alcohol he has in his body more quickly than a woman, even though both genders may have had the same amount of alcohol.

Therefore, since the man’s stomach can metabolize the alcohol faster, it will appear on a breathalyzer test that his blood alcohol concentration level is within the legal limits, whereas a woman’s breathalyzer test’s results would convey her blood alcohol levels as way over the legal limits. So basically if both sexes have had equal amounts of alcohol (this is taking their weights into account as well), and then given a breathalyzer test, a man would be found perfectly legal, and a woman perfectly guilty; all because of the way their stomachs metabolize alcohol. Obviously this is unfair. Another biological difference that hinders women during the breathalyzer test is birth control. Birth control changes many hormones and how things are digested in the female body–including alcohol.

A recent study has shown that women on birth control who were served alcohol, then given a breathalyzer test, were still found to be over the legal limit because of the way birth control affects their bodies. These reasons are just another viable source to prove how unreliable breathalyzer tests really are. Their cons definitely out-weigh the pros, and they have too much room for error. A test to determine whether or not someone should be given a driving under the influence charge should be way more reliable than what the current breathalyzer has proven itself to be.

A driving under the influence charge is a serious offense, and the deciding factor of a person’s guilt should not have to be how their stomach metabolizes alcohol, or whether they take birth control.  This does not mean that breathalyzers should be completely eradicated in determining a person’s guilt, but especially when it comes to women, another form to reasonably believe that a woman is over the legal limits for her blood alcohol concentration should be developed; and the breathalyzer should not be solely relied upon for conviction as it presently is.

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Years of Failure: DUI Tests

Wednesday, August 17th, 2011

DUI tests are a vital part of whether an individual is either innocent or guilt of the charge driving while under the influence. However, what if the tests are not given properly? Lab staff members who lack proper training, and are overworked lead to a possible disaster for any organization, giving leeway for susceptibility for a lawsuit to occur. The errors a lab staff technician might appear small to them within a lab, but within a courtroom it decides a person’s fate and will impact the rest of their life. From a suspended license to serving jail time, innocent people can easily be simply seen as another file to a lab technician who does not know any better. The lack of successful, true lab results basically comes down to a lack in care of for that matter competence to actually understand the task lay before them.

Also, intentional misconduct can also occur by lab technicians. An example of such incidents that lab results are invalid occurred in Indiana when an error was unchecked over seven years and still no action was taken by the appropriate law entity. The fact that the errors themselves leave horrible repercussions on an individuals life is almost as worse as the fact that there has not been a real true correction to the action no ensure that no one has to worry about such an instance happening in their personal case. In a way, it somewhat seems that the individuals in charge of the lab, do not truly seemed phased by the fact that innocent people are being charged, convicted, and facing personal and financial challenges as the result of someone’s incompetence of laziness. False positives are heavily dangerous when in DUI cases that rely strongly on the aid of laboratory exams to help determine whether or not the driver was actually driving while under the influence of alcohol or substances, or not.

Unfortunately, these lab incidents are not strictly within a particular area, they occur all over the United States, especially within Pennsylvania. However, the problem can be easily fixed and neutralized if the government would properly fund and provide accurate training to the employees of such test labs to prevent the incident of a false positive in a case you or a loved one may be involved in. Inevitably, it is extremely important to make sure that lab technicians and assistants are not only properly trained and qualified to make sure test are run properly, but to really help put the individuals behind bars who deserve it.

For an effective DUI defense strategy, call us today at 412-475-9217 or toll free at (855) DUI-CRIME

Experienced Pittsburgh DUI lawyer Michael V. Worgul represents those accused of DUI. If you have been arrested in Pittsburgh or anywhere in Allegheny County, we are prepared to advise you of your rights and help you formulate the most effective DUI defense strategy so call us today at 412-475-9217.

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Scores of Philadelphia DUI Cases Compromised by Miscalibrated Breathalyzers

Monday, April 18th, 2011

Over 1,147 DUI cases have been compromised by revelations that the Philadelphia police failed to properly calibrate breathalyzers.  Several of the machines used by the police in Philadelphia have proven to be improperly calibrated which has resulted in a decision by Deputy District Attorney Edward McCann, chief of the Criminal Division to launch a review of all DUI breathalyzer results during the last fifteen month period.  This will be a massive undertaking involving between 8,000 to 10,000 drunken driving cases that will need to be reviewed.  It is likely that some cases will need to be retried because they were based on breathalyzers that had not been properly calibrated.

The fall out from this case could be substantial because faulty breath test results may have resulted in wrongful convictions of those who were not over the legal limit.  This fiasco emphasizes the problem with DUI cases being built solely or primarily on breathalyzer results.  The machines are far from infallible so people who should not be convicted of DUI are at risk of a wrongful conviction.  Even when the devices are properly calibrated, they may result in erroneous or inaccurate test results related to a variety of issues including mouth alcohol, diabetes, low-carb diets, mouthwash and a multitude of other substances or conditions that the devices lacks the sophistication to accurately distinguish from intoxication.

This is a reason that having an experienced Pennsylvania DUI defense attorney is important.  Breathalyzer results are often the critical piece of evidence in these cases.  Unfortunately, it is easy to view these breath test machines as computers that produce consistent and reliable results.  Because of the importance of results involving a breath text device (i.e. the Intoxilyzer 5000), it is important to have rely on an experienced Pennsylvania DUI defense lawyer who will examine potential issues in any breath test results including:

  • Improper calibration
  • Detection of other substances like mouthwash, cough syrup or even bread
  • Impact of medical conditions like diabetes or low-carb diets
  • Differences in alcohol absorption rate between individuals

These are just a few of many issues that may make Pennsylvania breath test results unreliable.  Pittsburgh DUI lawyer Michael V. Worgul devotes his entire practice to those accused of DUI and other criminal offenses.  Our Pittsburgh criminal defense law firm has handled over a thousand cases.  If you or someone close to you has been arrested for DUI in Pittsburgh or anywhere else in Pennsylvania, we are available to answer your questions and defend you against these serious charges.  We offer a free initial case evaluation so contact us today at (412) 475-9217.

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